Do Salaried Employees Get Paid Overtime in California?

Unless the employees are exempt, employers are required to ensure that California employees get paid overtime. Independent contractors and other exempt employees are not covered by California overtime laws.

Exempt positions are excluded from overtime rules, as well as other rights and protections afforded nonexempt workers. Salaried positions usually fall under this category – but not always. Some salaried employees are classified as nonexempt.

When Are California Employees Owed Overtime Pay?

According to Tsheets by Quickbooks, under California wage and hour laws, nonexempt employees get paid overtime wages when they work more than 40 hours a week. These laws entitle employees who are classified as nonexempt to receive one and one-half times their regular rate of pay when they work more than eight hours in a single day or more than 40 hours in a week; non-exempt salaried employees who work overtime are owed twice their hourly rate.

Additionally, employers are required to pay double the employee’s regular rate of pay for any hours worked past 12 hours in a single day, as well as any hours worked past 8 hours on the seventh day in a row of work.

Some employees who work irregular shift patterns rather than the standard five 8-hour day work week may not be eligible for overtime for hours worked beyond eight hours in a single day. However, these employees are still required to receive overtime pay for hours worked past 40 hours in a single week.

Even if the overtime hours were worked without authorization from the employer, the employee is entitled to compensation. However, if these overtime hours were unauthorized, employers may reprimand or take actions against the employee for violating overtime policies.

What Other Rights Do California Employees Have?

California workers are entitled to many rights under federal laws, and California labor laws add additional protections. In addition to being entitled to overtime pay, employees are also entitled to rest and lunch breaks, reimbursement for mandatory work-related expenses, and timely pay. Workers who have been subject to employment law violations may be eligible to file a lawsuit against their employer. These violations may include:

• Not paying employees minimum wage or above
• Not paying overtime wages
• Rounding down time worked to avoid paying overtime
• Failing to calculate the rate of pay accurately
• Not paying employees an hour of pay for each missed meal or break
• Not providing employees with meal or rest breaks
• Not paying wages in a timely fashion
• Not reimbursing mandatory costs associated with employment
• Not reimbursing business expenses

California employers are also prohibited from allowing or requiring employees to complete off-the-clock work without pay. This includes pre-shift and post-shift duties and time spent waiting for work.

California employers who break labor laws may be subject to fines and penalties and are generally required to compensate employees for lost wages and other violations.

If you have been subject to labor law violations, you may be able to file a class action lawsuit and pursue compensation. Settlements for California wage and hour violations have run into millions of dollars.

Although California labor laws are generous and protect employees’ rights, these laws may also be confusing and difficult to navigate. Hiring an experienced labor law attorney to represent you in your case may make it more likely for you to collect compensation and reimbursement for labor law violations.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

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